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Poster: ianu Date: Sep 18, 2009 7:21pm
Forum: classic_tv Subject: Illegal uploads

I watched some recently uploaded episodes of "The Adventures of Ozzie and Harriet" the other night. The episodes were uploaded by Seto-Kaiba_is_stupid and include the titles "The Ballerina","The Petition","A rose a day","Kris and the Queen" and "The Prowler". The problem is that the episodes have been ripped from Mill Creek Dvd's and contain an overlay of the valid trade mark "Mill Creek Entertainment". As it is illegal to distribute a trademarked video (even if it is Public domain) these should not have been uploaded to IA and the uploader could be sued. He would be wise to immediately remove any trademarked videos that he has uploaded to IA.




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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Sep 19, 2009 9:25pm
Forum: classic_tv Subject: Re: Illegal uploads

Trademark infringement is not the same as copyright infringement. Simply copying a trademark does not amount to TM infringement. To infringe a TM the use has to be commercial in nature and within the category of registration. Mill Creek Entertainment has two registered marks, neither of which are the logo on the videos I checked from the list of "illegal uploads". These are registered in a class for the packaging of Video, Music and Computer Game discs not for use in films and videos which is a different class of TM. The TM records are attached below.

Another issue that is often raised is that the watermarked videos could be claimed as a new copyrightable derivative work. On Mill Creek DVDs the watermarks are added mechanically with very little creativity. It would be difficult to argue that these videos are anything other than "slavish copies" and not subject to new copyrights. The logos are not registered for copyright.

I don't recommend using trademarked/watermarked videos (to me a watermark suggests that a company will pursue re-users regardless to their lack of legal right to do so), but it is irresponsible and inflammatory to lable watermarked videos as "illegal uploads" and single out one user in the process.

This post was modified by Video-Cellar on 2009-09-20 04:25:50

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Poster: fedupwithgarbage Date: Sep 20, 2009 6:28am
Forum: classic_tv Subject: Re: Illegal uploads

Keeping in mind that Video-Cellar is NOT a lawyer and is NOT employed by IA and has had more stuff removed from IA than ianu or anyone else that comes here.

I'm just sayin'?

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Sep 20, 2009 6:46am
Forum: classic_tv Subject: Re: Illegal uploads

So, I pointed out 90 copyright films, that didn't belong here on IA, the last time they had a bulk move of uploads. I must have naively thought that this was a site where people are supposed to upload public domain works and not use the free bandwidth to host copyright movies for paying and/or ad-filled online movie sites. These movies would eventually have been noticed by the volunteers/curators anyway. Better to get rid of them all in one go. I'm soooo sorry if you were one of the uploaders.

As I said above, I am not advocating using watermarked videos. Just pointing out that watermarks do not make a video "illegal" by definition.

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Poster: Meatpies Date: Sep 20, 2009 12:23pm
Forum: classic_tv Subject: Re: Illegal uploads

Thanks Video Cellar!

I don't claim to have the vast knowledge about copyrights and such, so I am VERY glad I have surrounded myself by smart people!!

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Poster: guyzilla Date: Sep 20, 2009 2:33pm
Forum: classic_tv Subject: Re: Illegal uploads

amen to that

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Poster: quigs Date: Sep 20, 2009 7:29pm
Forum: classic_tv Subject: Re: Illegal uploads

yes indeed. Until the Ia is back on its' feet, you are someone I"d be happy to go to for information

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Poster: Seto-Kaiba_Is_Stupid Date: Sep 18, 2009 9:20pm
Forum: classic_tv Subject: Re: Illegal uploads

Really? Several other people on here told me otherwise.

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Poster: ianu Date: Sep 18, 2009 11:21pm
Forum: classic_tv Subject: Re: Illegal uploads

Others may have have told you that they were not copywrited but did they know or consider that the episodes were trademarked which is a totally different issue. They are clearly trademarked and cannot be distributed by you. Most Mill River Dvd's that I have seen have trademark protection.

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Poster: Seto-Kaiba_Is_Stupid Date: Sep 19, 2009 12:48am
Forum: classic_tv Subject: Re: Illegal uploads

No, I was told by various people on here that those watermarks (not "trademarks") could not result in me being sued and that I was allowed to upload the files. And, I'm not the first or last uploader to upload content with Watermarks, so why single out me? (Lum, and others have uploaded stuff like that as well).

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Poster: Meatpies Date: Sep 19, 2009 11:12am
Forum: classic_tv Subject: Re: Illegal uploads

Do you work for IA, ianu?

Since your demeanor indicates you do, then are you here to address the questions we here in the Classic TV forum have about the lack of support we all have been experiencing. Would you please give me your email address so I can forward the email to you that I sent to IA... and please be prompt when replying. We've been waiting a long time.

Unless you DON'T work for IA, then you've somehow felt it necessary to single out Matthew out of all the people here who have uploaded things with "watermarks" on them, which has been explained to me by SEVERAL PEOPLE is perfectly okay. Watermarking is done by even the home vidder, like me. It's a form of advertising, not a show of ownership.

Lay off Matthew. He hasn't done anything wrong intentionally and shouldn't be treated like he has.

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Poster: quigs Date: Sep 19, 2009 4:37pm
Forum: classic_tv Subject: Re: Illegal uploads

YEAH!!!!! YOU TELL HIM, LYNN!!!!!!!!!!!!!!!!!

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Poster: BoloResartus Date: Sep 19, 2009 5:43pm
Forum: classic_tv Subject: Re: Illegal uploads

If it is Illegal to distribute watermarked video.

You better tell the TV stations to immediately
desist from the practice.

The continuous erosion of public domain by vested
interests is a stain on the honor of humanity by
those who would deprive others of their heritage
for a few dollars.

What is worse, the free advertising a site like
this does for the complainer is worth millions
if it was purchased. Go buy a world wide ad from
Madison avenue that reaches over a billion people
and see what it costs.

Or follow the wonderful example of the music
business.

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Poster: ianu Date: Sep 20, 2009 2:36am
Forum: classic_tv Subject: Re: Illegal uploads

It is ok to distribute watermarks which do not contain registered trademarks. TV ids are a channel no, or such like, and thus could not ever be registered as a trademark because they are not unique.

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Poster: Fact_Checker Date: Sep 29, 2009 7:19pm
Forum: classic_tv Subject: Re: Illegal uploads

I have written an answer to the above question about watermarks (and the same question in some other message threads) in:

http://www.archive.org/iathreads/post-view.php?id=267078